HomeMy WebLinkAboutContract 41006 CITY SECRETARY
SPECIFICATIONS CONTRACT NC. 41 ou
*AND
CONTRACT DOCUMENTS
FOR
2007 CRITICAL CAPITAL PROJECT
COUNCIL DISTRICT 6 - PART 3
GLENMONT DR. (Westcreek Dr. to Calousa Dr.) - GROUP A
WHARTON DR. (Wedgemont Cir. N. to Walton Ave.) -GROUP A
WONDER DR. (Winfred Dr. to Walton Ave.) - GROUP A
D.O.E. No. 5919, City Project No. 00965
IN
THE CITY OF FORT WORTH, TEXAS
TPW Project No. C295-541200-206400096683
Water Project No, P264-541200-606170096683
Sewer Project No. P-274-541200-706170096683
TPW File No. K-2079
W & S File No. X-21022
MIKE MONCRIEF J
MAYOR
DALE A. FISSELER, P.E.
CITY MANAGER
WILLIAM A. VERKEST, P.E.
IDIRECTOR, TRANSPORTATION AND PUBLIC WORKS
DECEMBER 2009
PREPARED BY
Lockwood,Andrews
&Newnam, Inc.
A LEO A DALY COMPANY
Firm Registration No. 2614
1320 SOUTH UNIVERSITY DRIVE, SUITE 41(bFFICi4L RECOR I
FORT WORTH, TEXAS 76107
CITY -,;E-"CRE1rARY
1 (817) 820—0420
City of Fcrt,Worth, Texas GOPAL SAHU
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/12/2010 - Ord. No. 19406-10-2010
DATE: Tuesday, October 12, 2010
LOG NAME: 202007CIP CD6 PART 3 REFERENCE NO.: C-24535
SUBJECT:
Authorize the Execution of a Contract in the Amount of$1,068,520.50 with Stabile & Winn, Inc., for
Pavement Reconstruction and Water Main Replacement on Glenmont Drive, Wharton Drive and Wonder
Drive and Adopt Appropriation Ordinance (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$394,169.97 from the Water and Sewer Fund to the Water Capital Projects
Fund in the amount of$140,605.94 and Sewer Capital Projects Fund in the amount of$253,564.03;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of$140,605.94 and the Sewer Capital Projects Fund in the
amount of$253,564.03 from available funds; and
3. Authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of
$1,068,520.50 for pavement reconstruction and Water main replacement for the streets listed below.
DISCUSSION:
On March 6, 2007, (M&C G-15621) the City Council authorized the sale of$42,325,000.00 in Certificates
of Obligation for the purpose of funding part of the Critical Capital Needs Program. That amount included
funds for pavement reconstruction at various locations.
On December 2, 2008, (M&C C-23209) the City Council authorized the City Manager to execute an
engineering agreement with Lockwood, Andrews and Newnam, Inc., for the design of Glenmont Drive,
Wharton Drive and Wonder Drive. Street improvements will include pavement reconstruction;
construction of standard concrete curb and gutter; driveway approaches and reconstruction of existing
sidewalks.
Water Department has determined that severely deteriorated water and sanitary sewer lines should be
replaced prior to street reconstruction.
This project has been divided into three construction contracts based on geographical locations to
facilitate.
Construction Contract Part 3
Logname: 202007CIP CD6 PART 3
Group 6A: CD6: Glenmont Drive 00965
( ) Westcreek Drive to Calousa Drive)
Group 6A: CD6: Wharton Drive (00965) (Wedgemont Circle North to Walton Avenue)
Group 6A: CD6: Wonder Avenue (00965) (Winfred Drive to Walton Avenue)
This contract was advertised on June 10, 2010 and June 27, 2010 in the Fort_Worth Star-Telegram. On
July 1, 2010 the following bids were received:
Bidders Base Bid Alternate Bid Base Bid
(Sidewalks) + Alternate
Stabile & Winn, Inc. $986,600.50 $81,920.00
$1,068,520.50
Conatser Construction $1,018,177.80 $62,251.25
$1,080,429.05
McClendon Construction Company $1,023,698.40 $84,098.25 $1,107,796.65
JLB Contract, LP $1,033,479.26 $82,665.75
$1,116,145.01
Utilitex Construction, LLP $1,484,466.00 $95,897.50
$1,580,363.50
Time of completion: 240 calendar days
Staff recommends that the base plus alternate option submitted by Stabile & Winn, Inc., be selected, and
the contract be awarded to Stabile & Winn, Inc.
The new pavement will consist of seven and a half inch concrete, over six inch lime
with a seven inch curb. Steps and lead walks will be removed and reconstructed. The stabilized
mate bid subgrade
allow construction of new sidewalks as indicated on the plans.
In addition to the contract cost, funding in the amount of$33,882.00 is included for water and sanitary
sewer construction survey, project management, material testing, field inspection and project close out
(water: $12,482.00 and sewer: $21,400.00). The contingency funds to cover change orders total
$17,158.00 (water: $6,102.00 and sewer: $11,056.00).
In addition to the contract cost funding in the amount of$59,856.00 is included for TPW associated costs
for survey, project management, material testing, field inspection and project close out. The Contingency
funds to cover change orders for pavement reconstruction work total $25,000.00
Stabile & Winn, Inc., is in compliance with the City's M/WBE Ordinance by committing to nine percent
M/WBE participation and documenting good faith effort on this combined project. Stabile & Winn, Inc.,
identified several subcontracting opportunities. However, the M/WBEs contacted in the areas identified did
not respond or did not submit the lowest bids. The City's M/WBE goal on this combined project is 21
percent.
This project is located in COUNCIL DISTRICT 6, Mapsco 90S and 89U.
FISCAL INFORMATION /CERTIFICATION:
Logname: 202007CIP CD6 PART 3
The Financial Management Services Director certifies that upon approval of the above recommendations,
and adoption of the attached appropriation ordinance, funds will be available in the current capital
budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the
2007 Critical Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccounVCenters
1&2) P253 476045 6061700965ZZ $140,6059 4 1) PE45 538040 0609020
21-P253 531350 606170096552 1R $140,605.94
2 44 0.00 E45 538040.0709020
2253 531350 6061_ 70096580 $253.564.03
$500.00 4N53 541200 .606170096583
2) P253 531350 606170096582 500.00 3�P258 541200 706170096583 X22'-002.80
21F253-541200 606170096583 $221,108.6 0
X128.123 94 3 C295 541200 206200096583
2) P253 531350 606170096584 $725.409.1.0
1 220.00
2) P253 531350 606170096585 $7 322.00
2) P253 531350 606170096591
500.00
1&2) P258 476045 7061700965ZZ $253,564.03
2) P258 531350 70617009655 $4,422.0
2) P258 531350 706170096580
500.00
2) P258 531350 706170096582
500.00
2) P258 541200 706170096583 $232,164.03
2) P258 531350 706170096584 $2,211.00
2) P258 531350 706170096585 $13,267.00
2) P258 531350 706170096591
00.00
CERTIFICATIONS:
Submitted for City Manager's Office by Fernando Costa (6122)
Originating Department Head William Verkest (7801)
Additional Information Contact: Gopal Sahu (7949)
ATTACHMENTS
1. 00965 202.007CIP CD6PART 3_FAR-00004.pdf (CFW Internal)
2. 00965 202007CjP CD6 PART 3 financial nfo.doc (CFW Internal)
3. 202007CIP CD6 PART 3. MAP pdf.pdf (Public)
4. 202007CIP CD6 Pt_3 AO.doc (Public)
5. FAR 20-07 CO 6A Part 3 Sewer pdf.pdf (CFW Internal)
6. FAR 2007_CO 6A Part 3_Water_pdf (CFW Internal)
7. MWBE_2007 CD 6A_PART 3 pdf ..pdf (CFW Internal)
8. PE45 538040 0609020.doc (CFW Internal)
9. PE45 538040_0709020.doc (CFW Internal)
Logname: 202007CIP CD6 PART 3
No. 0051 P. .2/94
CITY OF FORT WORTH,TEXAS
ADDENDUM NO. 1
To the Plans, Specifications &General Contract Documents
2007 Critical Capital Project, Council District 6—Part 3
GLENMONT DR. (Westcreek Dr. to Calousa Dr. -
g ) GROUP A
WHARTON DR,
WONDER DR. (Wed emont Cir.N. to Walton Ave.)- GROUP A
(Winfred Dr. to Walton Ave.)- GROUP A
D.O.E.No. 5919, City Project No. 00965
IN
THE CITY OF FORT WORTH, TEXAS
TPW Project No. C295-541200-206400096583
' Water Project No. P264-541200-606170096583
Sewer Project No. P-274-541200-706170096583
IBid Date: July 15,2010; 1:30 PM
Addendum No. l: Issued June 30, 2010
IThis Addendum, forms part of the Plans, Contract Documents& Specifications for the above
referenced Project and modifies the original Specifications and Contract Documents. Bidder shal
acknowledge receipt of this addendum in the space provided below,in the proposal(proposal 1
Signature Page)and acknowledge receipt on the outer envelope of your bid.Failure to cknowle
receipt of this addendum could subject the bidder to disqualification. dge
The plans and specification documents are hereby revised by Addendum No. 1 as follows:
SPECIFICATIONS& CONTRACT DOCUMENTS:
I. ALL SECTIONS AND UNITS
The following numbers have been revised
TPW Project No. C295-541200-206400096583
Water Project No. P264-541200-606170096583
Sewer Project No.P-274-541200-706170096583
2. SECTION 4-BID PACKAGE:
Section 4.2—Bid Proposal,All Units and Sections
Replace these sheets with the attached sheets dated 6-29-10.
Section 4.2—Bid Proposal
An excel spreadsheet is provided on the city website, buzzsaw
httn://www for(wort haoy ora/ urchasinan, to be used at the bidders discretion. The excel
spreadsheet form of the Bid Proposal will be accepted as an official bid. Any
discrepancies between the excel spreadsheet prepared by the contractor will be replaced
by the descriptions, quantities and pre-bid amounts shown in Section 4.2—Bid Proposal.
Addendum No. 1,Page 1
No, 0051 P. 3/14
Section 4.2—Bid Proposal, Unit/Section Paving-Concrete, Base Bid
CPMS Record Number 13IDOO137, Grass Sod Install
THIS ITEM IS DELETED
Section 4.2—Bid Proposal, Unit/Section Paving-Concrete, Base Bid
CPMS Record Number BID00843, Curb-7 Inch—Install
Replace the quantity 5,814 with 6,680 Linear Feet
Section 4.2—Bid Proposal, Unit/Section Paving-Concrete,Base Bid
CPMS Record Number BID00445, Pavement—2 Inch Min Overlay—Replace
' THIS ITEM IS DELETED
NEW ITEM
' Section 4.2—Bid Proposal,
The Quantity is 32 Tons. Unit/Section Paving-Concrete, Base Bid
CPMS Record Number . ID00471, Pavement-Transition-Min 6 Inch HMAC Install
ISection 4.2—Bid Proposal, Unit/Section Paving-Concrete Base Bid
CPMS Record Number BID00848, Meter Box Adjustment—Services
IChange the quantity to 64 Each and your Bid to$2,240
CLARIFICATION
Section 4.2—Bid Proposal,All Units, Base Bid and Alternate Bid
The Unit of Measure FOOT shall be taken as LINEAR FOOT.
Section 4.2—Bid Schedule, Bid Schedule Item No. 1 —Bid-00213 Std 4 Ft Diam-(0-6 Ft
Depth)—Install, Replace"stainless steel insert'with`water tight insert".
3. SECTION 5—GENERAL AND SPECIAL CONDITIONS:
CLARIFICATION
Section 5.5—Part E Specifications, Special Technical Specifications, STS-035,B.4.
The concrete pavement strength shall be 3,000 psi at 28 days. This section shall take
precedence over the reference to concrete strength in Section 9, Geotechnical Report,in
regard to concrete strength testing.
CLARIFICATION i
Section 5.6—Special Provisions(Paving and Drainage)
Item 75(b)Progress Construction Schedule
Contractor shall use Tier 3 schedule. The schedule shall be submitted during the '
Preconstruction Meeting. I
Section 5.7—Wage Rates,2008 Prevailing Wage Rates Construction Industry
THIS PAGE IS DELETED
I
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Addendum No. 1,Page 2
I
No. 0051 P. ,4114
4. SECTION 6—CONTRACTS BONDS& INSURANCE:
Section 6.7—City of Fort Worth Contract-R
revised sheet C-1R &C-2R. The contract eplace sheet C-1 &C-2 with the attached
tune has been revised to 240 calendar days.
5. SECTION 10—EPA CONSTRUCTION ACTIVITY PERMITS:
Section 10.1 —EPA Notice of Intent(NOI)
CLARIFICATION
The NOI shall be submitted during the Preconstruction Meeting
A signed copy of the Addendum should be included
submittal. Failure to acknowledge the receipt of this Addend um could cause the time of bid
' be considered'WONRESPONSIVE,"resulting in disqualification. subject bidder to
RECEIPT ACKNOWLEDGEMENT:
William A. Verkest, PE
Director,Transportation&Public
I Works Department
By:
Company._a1a1 %.1 " ^V BY: Gopal Sahu, PE
Title: Project Manager
Address: .1), o x �.q 3 6 n
City: SRC i�1A 1� State: Tr
ycP�.f OF"r
.i* 0
WALTER
................ ... 0D f
82049
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Addendum No. 1,Page 3
i
No, 0051 P. .13114
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRE=SENTS
COUNTY OF TARRANT
This Contract made and entered into this the day of
20_, by and between the City of Fort Worth, a home-rule municipal
1 corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its
duly authorized Assistant City Manager, ("Owner„), and
("Contractor"). Owner and Contractor may be referred to hereln individually as a'Party"or
collectively as the'Parties.-
' WITNESSETH: That said Parties have agreed as follows.
I 1.
That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing
I even date herewith, the said Contractor hereby agrees with the said Owner to commence and
complete the construction of certain improvements described as follows:
FOR: 2007 Critical Capital Project Council District 6—Part 3
City Project No. 00966
DOE No. 5921
GLENMONT DR. (Westcreek Dr. to Calousa Dr.)-GROUP A
WHARTON DR. (Wedgemont Cir. N. to Walton Ave.)-GROUP B
WONDER DR. (Winfred Dr. to Walton Ave.)- GROUP B
UNIT I Water Project No. P264-541200-606170096583
UNIT I Sewer Project No. P-274-541200-706170096583
UNIT II TPW Project No. C295-541200-206400096583
That the work herein contemplated shall consist of the Contractor furnishing as an
independent contractor all labor, tools, appliances and materials, necessary for the construction
and completion of said project in accordance with the Plans and Specifications and Contract
Documents prepared by or on behalf of the City of Fort Worth for the Department of
Transporation and Public Works of the City of Fort Worth adopted by the City Council of the City
of Fort Worth,which Plans and Specifications and Contract Documents are hereto attached and
made a part of this Contract the same as if written herein.
3.
The Contractor hereby agrees and binds itself to commence the construction of said work
within ten(10)days after being noted in writing to do so by the Transportation and Public Works
Department of the City of Fort Worth.
6/17/09
C-1K
I No. 0051 . ' P. 1,4/14
The Contractor hereby agrees and binds Itself to commence the construction of said work
within ten(10)days after being notified in writing to do so by the Transportation and Public Work
Department of the City of Fort Worth, s
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the inspection and
approval of the Transportation and Public Works Department of the City of Fort Worth an
Council of the City of Fort Worth within a period of 240 Calendar days. d City
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and
Contract Documents within the time so stipulated, plus any additional time allowed as provided In
the General Conditions, there shall be deducted from any monies due or which may thereafter
become due him,the sum of$
' penalty but as liquidated damages, the Contractor and its Surety shall be per working liable to he O;h e�as a
such deficiency, or
Should the Contractor fail to begin the work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the Intent and terms
of said Plans, Specifications and Contract Documents, then the Owner shall have the right to
either demand the Surety to take over the work and complete same In accordance manner as it may deem
xce with the
Contract Documents or to take charge of and complete the work In such
I proper, and if in the completion thereof, the cost to the Owner shall eed the contract price or
Prices set forth in the Plans and Spe cations made a part hereof, the Contractor and/or its
Surety shall pay Owner on demand in writing,setting forth and specifying and itemized statement
of the total cost thereof, said excess cost.
6.
Contractor Covenants and agrees to indemnify the Owner, Owner's Engineer and
Architect, and their personnel at the project site for Contractor's sole negligence. In addition,
Contractor covenants and agrees to indemnify, hold harmle s d d
s anefend,at its own expense,
the Owner, its officers,servants and employees, from and against any and all claims or suits for
property loss, property damage,personal injury, including death,arising out of, or alleged to arise
out of,the work and services to be performed hereunder by Contractor, Its officers, agents,
employees, subcontractors, licensees or Invitees,whether or not an such In u dama a or
death is caused In whole or,i art b the ne li ence or ails ed ne II once of Owner Its
oho ar servants or emplovees Contractor likewise covenants and agrees to indemnify and
hold harmless the Owner from and against any and all injuries to Owner's officers,servants and
employees and any damage, loss or destruction to property of the Owner arising from the
Performance of any of the terms and conditions of this Contract, whether or not an
or dama a is caused In whole or in art b the n oaf i ence or ails ed ne II ence of Owner i
V rn�Ury
Its OffCefS servants or Am 10 ees,
In the event Owner receives a written claim for damages I
subcontractors prior to final payment,final payment shall not be madenuntil Contractor oeither(a)
submits to.Owner satisfactory evidence that the claim has been settled and/or a release from the I
claimant involved, or(b)provides Owner with a letter from Contractor's liability insurance carrier
that the claim has been referred to the insurance carrier.
The Director may, if deemed appropriate, i
Worth public work from a Contractor against whom refuse claim for damages Is outstanding as result
of work performed under a City of Fort Worth contract. I
I
6/17/09 I
I
C-2R
CITY OF F FORT WORTH, TEXAS
ADDENDUM NO. 2
To the Plans, Specifications & General Contract Documents
2007 Critical Capital Project, Council District 6—Part 3
' GLENMONT DR. estere
�'�' ek Dr. to Calousa Dr.) - GROUP A
WIIARTON DR. (Wedgemont Cir.N. to Walton Ave.) -
GROUP A
' WONDER DR. (Winfred Dr. to Walton Ave.)- GROUP A
D.O.E. No. 5919, City Project No. 00965
IN
THE THE CITY OF FORT WORTH, TEXAS
TPW Project No. C295-541200-206400096583
' Water Project No. P264-541200-606170096583
Sewer Project No. P-274-541200-706170096583
IBid Date: July 15, 2010; 1:30 PM
Addendum No. 2: Issued July 14, 2010
This Addendum, forms part of the Plans Contract Documents & Specifications for the
I referenced Project and modifies the original Specifications and above
acknowledge receipt of this addendum in the space provided below,in the)pru sal (Proposal
Signature Page)and acknowledge receipt on the outer envelope of your bid. Failure to acknowled e
receipt of this addendum could subject the bidder to disqualification. g
The plans and specification documents are hereby revised by Addendum No.2 as fo
llows:
SPECIFICATIONS & CONTRACT DOCUMENTS:
L SECTION 4 -BID PACKAGE:
Section 4.2—Bid Proposal, Unit/Section Paving-concrete; Base Bid
Replace this sheet with the attached sheet dated 7-14-10.
i
Section 4.2—Bid Proposal, Unit/Section Paving-Concrete,Record Number BID00528, Walk ti b Concrete, Base Bid
Change the Quantity from 1,051 Square Feet to 38 Square Feet.
Section 4.2—Bid Proposal, Unit/Section Paving-Concrete, Base Bid
CPMS Record Number BID00530, Walk 4 Ft—Install
Change the Quantity,from 114 Square Feet to 1,051 Square Feet.
i
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Addendum No. 2,Page 1
A signed copy of the Addendum
should be included in the sealed bid envelope at the time of bid
submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to
he considered "_NONRESPONSIVE,"resulting in disqualification.
RECEIPT ACKNOWLEDGEMENT:
William A. Verkest, PE
Director, Transportation &Public
Works Depa.Lnent
I3
Company: Me1Lf .I- -1 By: Gopal Sahu,P
O ST �'''��• Title:Project Manager
Address: _P.0,pox -4-9380
' City: SwL'AkV J State: TX
IB sti•' .. ............. a
�TFR P.'NORWt�pp S
82049 •...'a°
�d�oNA X11
Addendum No.2,Page 2
'AAIIRIlI4
r
CITY OF FORT WORTH TEXAS
CONTRACT
THE STATE OF TEXAS
' KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This agreement made and entered into this the OCT 12 2M
between the CITY OF FORT WORTH, a municipal corporation day of A.D., 2010, by and of existing under and by virtue of a special charter adopted by the qualified voters County,
within said City n the
' 11 day of December, A.D. 1924, under the authority
provision) of the Constitution of Texas, and in accordance with anreso upon dulyy the "Home Ruler
meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner,
Stabile& Winns Inc., HEREINAFTER CALLED Contractor.
I WITNESSETH:
That said parties have agreed as follows:
I 1.
That for and in consideration of the payments and agreements hereinafter mentioned to be made
and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith,
the said Contractor hereby agrees with the said Owner to commence and complete the construction of
certain improvements described as follows:
Pavement reconstruction and WaterMain Re lacement on Glenmont Drive Wharton Drive and Wonder
Drive(Groan A)(Council District 61
2.
That the work herein contemplated shall consist of furnishing as an independent contractor all
labor, tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents prepared by the Department of
Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by
the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are
hereto attached and made a part of this contract the same as if written herein.
3.
The Contractor hereby agrees and binds himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Department of Engineering of the City
of Fort Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the in ction and a proval of
OFFICIAL (RECORD
CITY SECRETARY
I FT WORT} TX
L-----
i
the Department of Engineering of the City of Fort Worth and the City Council of the City of F
within a period of 240 calendar days. h Fort Worth
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
' sum of 420 Per working day, not as a penalty but as liquidated damages, the Contractor and his Sure
shall be liable to the Owner for such deficiency. ty
' S.
Should the Contractor fail to begin the work herein provided for within the time herein fixed or to
' carry on and complete the same according to the true meaning of the intent and terms of said Plans,
Specifications and Contract Documents, then the Owner shall have the right to either demand the surety
to take over the work and complete same in accordance with the Contract Documents or to take charge of
' and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost
to the said City shall exceed the contract price or prices set forth in the said plans and specifications made
a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
6
Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel
project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify,
p el at the
hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and
against any and all claims or suits for property loss, property damage,
arising out of or alleged to arise out of the work and services to be performed e hereunder by Contractor,,
its officers, agents, employees, subcontractors, licensees or invitees, whether or not an such in'u
y ry,
ama a or death is caused in whole or in Pqrt, by the n
ants e ence or alle ed ne li ence o
Owner, its olrcers sery or em loyees Contractor li likewise covenants and agrees to indemnify
and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the performance of
any of the terms and conditions of this Contract, whether or not rny such in&ry or nave is
caused in whole or in Part by the ne li ence or alle ed ne li ence o Owner, its o acers
servants or employees.,
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior
to final payment, final payment shall not be made until Contractor either (a) submits to Owner
satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b
provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred
to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public
work from a Contractor against whom a claim for damages is outstanding as a result of work performed
under a City Contract.
7.
The Contractor agrees, on the execution of this Contract, and before beginning work, to make,
execute and deliver to said City of Fort Worth good and sufficient sure on s or a faithful
performance of the terms and stipulations of the Contract and for the pa W11I AL
r labor
CITY SECRETARY
FT WORTH, TX
i
7.
The Contractor agrees, on the execution of this Contract, and before beginning work, to
make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the
faithful performance of the terms and stipulations of the Contract and for the payment to all
claimants for labor and/or materials furnished in the prosecution of the work, such bonds being
provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the
form included in the Contract Documents, and such bonds shall be for 100 percent of the total
contract price, and said surety shall be a surety company duly and legally authorized to do
business in the State of Texas, and acceptable to the City Council of the City of Fort Worth.
8.
' Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all
of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on
the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment
' will be made in monthly installments upon actual work completed by contractor and accepted by
the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount
(including/excluding) alternates Na shall be One Million Siz -ei ht Thousand Five Hundred
Twenty and 50/100.....................Dollars ($1,068,520.50).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall
not be sublet or assigned to anyone else by said Contractor without the written
Director of the Department of Engineering. consent of the
I 10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the
same is classified, promulgated and set out by the City of Fort Worth, Texas, a co y of which is
I attached hereto and made a part hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this agreement is made and entered into by the
parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth
and the laws of the State of Texas with references to and governing all matters affectin this
Contract, and the Contractor agrees to fully comply with all the provisions of the same. g
IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in ei ht
counterparts in its name and on its behalf by the City Manager and attested b its Secretary,�-
the corporate seal of the City of Fort Worth attached. y executed with
instrument through its duly authorized officers in eight co nterpartsmwrth has corporate seal
attached.
Done in Fort Worth, Texas, this the OCT 12 20'i
day of A.D.,2010.
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
APPROVAL RECOMMENDED:
CITY OF FORT WORTH
WILLIAM VERK , P.E.
DIRECTOR, DEPARTMENT OF
TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER
' ATTEST: �4pbaQq�� ,
p a�*aR , o Y
Stabile& Winn Inc. °
�'0 °
PO Box 79380 Fo o
o o
I Saginaw TX 76176 �
CONTRACTOR °°°0000000°0° �
CITY SECRETARY
(S E A L)
BY:
Jerry Henderson, Vice-President Cunt)Ct
AuthoziaatioA
TITLE
Date
P 0 Box 79380 Saginaw, TX 76179-0380 APPROVED AS TO FORM AND
LEGALITY:
ADDRESS
November 1960 ASST. ITY TTORNEY
Revised May 1986
Revised September 1992
Revised March 2006
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, Tx
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